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Thomas, Lawyer

Category: UK Property Law

Satisfied Customers: 6786

Experience: BA (Hons), PgDip, Practising Solicitor

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Hello,
Could you please tell me the pros and cons of approaching

Resolved Question:

Hello,

Could you please tell me the pros and cons of approaching the owner of my property direct, rather than going through an estate agent, to see if he would be interested in selling it? I currently rent it and everything it done through the estate agent. I have never met the landlord and he lives in the US.

The disadvantage is that by not having the property marketed for sale there is no indication whatsoever that they are willing to sell. You are going in blind effectively.

The advantage is that if your offer is accepted then you will almost certainly be the only potential buyer. Therefore, your interest will not get played off against other buyers in the same way as it may if the property was being marketed.

The advantage for the seller is that they would not have to pay agents fees on the sale. This means that if you are able to agree a price then the net proceeds of sale that they receive if it complete are increased because they don’t have to pay a percentage of the sale price to the agents.

Therefore, you can take this in to account when you make your offer. You may consider making it a bit lower than you would have done if agents were involved and make the point to the Seller that regardless of the reduced purchase price their net proceeds of sale will be increased.

In addition, even if they are not minded to sell right now you can leave your contact details for when they do want to sell and tell them to contact you before instructing agents and having to pay agent’s fees.

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Thanks very much for this information. I have a few concerns about approaching the landlord direct. The first is that the only contact details I have for him are his home address in the US. Ideally, I would have an email address or phone no. too. However, presumably, it makes no difference how I get in touch - writing a letter would be just a useful as an email?

My other concern is that the previous tenant who lived here asked the Estate Agent what the landlord would want for the house, if she were to put in an offer. The Estate Agent then put the house up for sale to the public, at the landlord's request, although the tenant did not actually put in an offer herself in the end - she was merely enquiring. Can I check please, the landlord is not within his rights to put the property up for general sale while I am still living in it, as part of my 6 month contract is he? I don't want him to do this to me as a result of me asking him if he is interested in selling.

Yes, it does not really make a difference which method you choose to get in touch with the Seller. It's simply to intiate contact.

PLease note that you should mark any correspondence as "subject to contract", so that you do not legally bind yourself to any agreement for the time being.

The landlord may put the flat on the market for sale whenever he likes. However, whilst you have a tenancy agreement the house would only be sold subject to your tenancy. If you still have your tenancy when he legally sells the property then the new buyer would have to let you remain there because of the tenancy agreement.

Please rate my answer. You will agree that I have more than answered your question.

I will rate your answer. It is disappointing that you are not happy to answer further questions - this site is advertised as allowing you to ask as many as you want to of your expert. It feels a little like the rating it more important to you than helping your client.

Thanks.

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